Employees Are Killed In Work On The Way, And The Arbitral Award Unit Is Compensated By 560 Thousand.

A few days ago, labor disputes in Hunan (Xiangtan)

The committee ruled that an entertainment company paid 30 yuan to the family members of Xiong of its workers and workers to pay a one-time subsidy for work and funeral expenses, amounting to 560640 yuan.

On July 8, 2014, an entertainment company cashier, Xiong, was on his way to work.

On the 24 th of July, the patient died after being rescued, and was found dead by the Municipal Bureau of social affairs.

Because the company did not participate in work-related injury insurance for Xiong, the family members could not apply for work-related injury insurance benefits to the industrial injury insurance department.

The company agreed to pay another 200 thousand yuan on the grounds of a traffic accident.

Xiong family members can not accept the company's

The plan was applied for labor arbitration.

After hearing the case, the Arbitration Commission found that Xiong was an employee of the entertainment company. The company failed to fulfill its statutory obligations as an employer. It participated in social insurance including work-related injury insurance for Xiong.

From the legal point of view, the compensation for traffic accident is the stipulation of the tort law for the compensation of the infringed person. The compensation for work-related injury insurance is a stipulation that the labor law and the social insurance law can enjoy the social insurance benefits for the injured workers. The two party's nature is different and there is no duplicate compensation problem.

Finally, the Municipal Arbitration Commission made the ruling according to the relevant provisions of the social insurance law and the industrial injury insurance Ordinance.

In this case, the municipal labor dispute arbitration commission reminded employers to learn the lessons of the entertainment company and to participate in social insurance according to law.

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Sick leave is a kind of vacation. It corresponds to statutory leave such as marriage leave, funeral leave and maternity leave.

According to the provisions of the medical treatment period for the sick or non injured workers, the second item is: "the medical treatment period refers to the time limit for the workers to stop working and get rid of the labor contract due to illness or non occupational injuries."

In combination with the twenty-ninth provision of the labor law, the medical term is a period of protection that an enterprise can no longer employ because of employee's illness or other statutory reasons.

When you enter the medical treatment period, you must ask for sick leave.

That is, the medical period itself is on sick leave. The medical period is calculated on the basis of the length of service and has to be hired for a limited period.

This period is related to the actual working age of the workers and the length of service of the enterprises.

The sick leave is not limited by time limit, it only needs the certificate issued by the hospital.

In the dispute between master Zhou and the company, according to the stipulation of medical treatment for sick or non working injured employees, master Zhou is entitled to "a working life of less than 10 years or less than 5 years in this unit", enjoying 3 months of medical treatment.

Zhou master had taken 4 months' sick leave, but his sick leave was longer than the medical treatment period.

When the sick leave is longer than the medical treatment period, in order to balance the interests of both employers and employees, the law also gives the employer the right to terminate the contract when the medical worker exceeds the medical period. First, according to the sixth provision of the medical treatment period for the sick or non injured workers, the employees of the enterprise are not suffering from diseases that are hard to treat due to disability or by doctors or medical institutions. If the medical treatment is terminated during the medical treatment period, they can not engage in the original work or engage in the work arranged separately by the employer. The labor appraisal committee shall appraise the labor capacity according to the identification standard of the degree of disability of occupational injuries and occupational diseases.

Those who have been identified as grade one to four should withdraw from their work posts, terminate their labor relations, handle retirement and retirement procedures, enjoy retirement and retirement treatment, and be identified as grade five to ten.

Secondly, according to the fortieth provision of the labor contract law, if the worker is sick or not injured by work, he can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employing unit. If the employer gives notice to the worker himself in writing 30 days in advance or pays the worker 1 months' salary, he may rescind the labor contract, but he shall pay the economic compensation.